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Terms of Business - Permanent Staff

Introduction: All and any business undertaken by Brightwater Support Services Limited (Northern Ireland Branch), ("The Employment Agency") is transacted subject to the terms and conditions hereinafter set out each of which shall be incorporated or implied in any agreement between the Employment Agency and its Clients. In the event of conflict between these terms and conditions and any other terms and conditions, the former shall prevail unless expressly agreed to the contrary by the Employment Agency in writing. For the introduction of Permanent Staff, Brightwater Support Services Ltd. is acting as an "Employment Agency."

Acceptance of Terms: By interviewing a Candidate introduced by The Employment Agency the Client is deemed to have accepted these Terms of Business. For the purposes of this clause the word 'introduce' shall be deemed to include without limitation the provision by Brightwater Support Services Ltd. of any details, whether written or oral, of a Candidate for permanent employment.

Introduction Fees:

Salaries up to £17,999 15%

Salaries 65,000 to 89,999 27.5%

Salaries from £18,000 to £34,999 17.5%

Salaries over £35,000 20%

All fees are expressed as a percentage of the total first year's gross annual remuneration package which would include salary, guaranteed bonus, car allowance, shift allowance, overseas premiums, living/accommodation allowances etc. VAT will be added to all invoices at the current rate.

Re-employing the Candidate: In the event that any Candidate introduced by the Employment Agency is employed or rejected by the Client (or related company), or the Candidate rejects an offer of employment by the Client (or related company) - if the Candidate is subsequently employed by the Client (or related company) in any capacity whether temporary, permanent or selfemployed, within 12 months of the initial introduction date, the Client shall pay an amount equivalent to The Employment Agency's permanent placement fee plus 10% interest from the Candidate's start date.

Third Party Introduction: If the Client or a member of the Client's staff refers a Candidate introduced by The Employment Agency to some other person or body and that other person or body engages the Candidate in any capacity whether temporary, permanent or "self-employed" within 12 months of the initial introduction date of the Candidate to the Client, then the Client will be liable for a permanent placement fee at the date of notification or discovery by The Employment Agency, plus interest of 10% from the Candidate's start date.

Responsibility and Liability: The Employment Agency shall endeavour to ensure the suitability of any candidate introduced to the Client and to maintain a high standard of service and integrity, but the Employment Agency makes no warranty, express or implied, as to the suitability of any Candidate introduced to the Client.

- Brightwater Support Services Ltd. can accept no liability whatsoever for any loss, damage, costs or expenses, howsoever caused which the Client may suffer or for which the Client may become liable arising out of, or in connection with as a result of introduction to the Client or engagement by the Client of a Candidate.

- The Client is responsible for the taking up of references as to the Candidate's qualifications, capabilities, integrity, medical history and suitability to meet the specification. It is also the Client's responsibility to obtain a work permit for the Candidate wherever necessary.

Advertising: The Employment Agency is able to provide an advertising service to the Client, for which charges incurred by the Employment Agency are payable by the Client. The Employment Agency will accept cancellation of an advertisement provided that the Client gives sufficient notice to the Employment Agency to enable the Employment Agency to cancel the advertisement before the press closing date. Advertising accounts shall be paid by the Client within 7 days of the date of invoice.

Guarantee period: In the event that any Candidate terminates, or the Client terminates the engagement within 12 weeks of the specified date upon which such Candidate commenced work for the Client and provided that a) the Client notifies the Employment Agency in writing of the termination of engagement within 7 days and b) the Client (or related company) does not engage the Candidate within 12 months from the date of termination and c) the termination is not due to redundancy and d) all monies due from the Client have been paid in accordance with these terms of business, then (for the next 6 weeks) the Employment Agency will endeavour to seek a replacement (to remuneration up to the same value as the leaver) at no extra cost to the Client except for additional advertising costs (costs shall be agreed prior to any advertising). If unsuccessful, Brightwater Support Services Ltd. will pay the Client a refund against the fees paid as follows: * Up to 6 weeks service 50% refund * 7 - 12 weeks service 25% refund.

Payment Terms: The Client agrees to notify the Employment Agency immediately a Candidate introduced by the Employment Agency is engaged. The Client shall pay a fee ("the introduction fee") which shall be invoiced on the day a Candidate introduced by the Employment Agency to the Client commences employment with the Client. All monies due hereunder shall be paid by the Client within 14 days of the date of invoice. All payments, regardless of currency, must equate to the invoice total at date of payment. Interest at 10% will be applied after 14 days until payment of the invoice without concession.

Amendments: All questions relating to these Terms of Business must be made in writing otherwise they are deemed to be accepted. These Terms of Business are valid from September 1st 2006, they supersede any other Terms previously received. No amendments to these Terms are valid unless authorised by a Manager or a Director of The Employment Agency.

Terms of Business - Temporary Staff

Introduction: All and any business undertaken by Brightwater Support Services Ltd (Northern Ireland Branch), ("The Employment Business") is transacted subject to the terms and conditions hereinafter set out each of which shall be incorporated or implied in any agreement between the Employment Business and its Clients. In the event of conflict between these terms and conditions and any other terms and conditions, the former shall prevail unless expressly agreed to the contrary by the Employment Business in writing. For the supply of Temporary staff services Brightwater Support Services Ltd. is acting as an "Employment Business".

Acceptance of Terms: By interviewing a candidate introduced by Brightwater Support Services Ltd. for temporary employment or by agreeing to engage or make use of such a candidate in any position of employment of work the client is deemed to have accepted these Terms of Business. For the purpose of this clause the word 'introduce' shall be deemed to include without limitation the provision by Brightwater Support Services Ltd of any details, written of oral, of a candidate for employment.

Temporary Charges: The Client agrees to pay the hourly charge of the Employment Business agreed at the time of booking of the Temporary Worker for all hours actually worked. Any other expenses as may be agreed shall be itemised on the Employment Business' invoice in addition to this charge. The Employment Business reserves the right to vary the charge on an existing or subsequent assignment with immediate effect subject to prior notification being given to the Client. Brightwater Support Services Ltd will be responsible for the Temporary Worker's remuneration: deducting PAYE, Income Tax, National Insurance Contributions and accounting to the relevant authorities for these deductions. The client shall sign the Employment Business' time sheet verifying the number of hours worked each week. The Client shall not be entitled to decline to sign a time sheet on the basis that he is dissatisfied with the work performed by the Temporary Worker.

Transfer Fees where a Worker has been Supplied: In the event of the engagement by the client of a Temporary Worker supplied by the employment business for an assignment (1) directly or (2) pursuant to being supplied by another employment business, during the assignment or within whichever is the longer of either:

• 14 weeks from the start of the first Assignment (each new Assignment where there has been a break of more than 42 days (6 weeks) since the end of a previous Assignment shall also be considered to be the 'first Assignment' for these purposes); or
• 8 weeks from the day after the last day the Temporary Worker worked on the Assignment
• the Client shall be liable, subject to electing by giving 7 days prior notice, to either:
• An extended period of hire of the Temporary Worker being 21 weeks during which the Client shall pay the current hourly charge agreed for each hour the Temporary Worker is so employed or supplied; or
• A Transfer Fee calculated as a percentage of the annual remuneration as follows:

Salaries up to £17,999 15%

Salaries between £18,000 and £34,999 17.5%

Salaries over £35,000 20%

The following reductions will apply, provided that the candidate has been employed through the Brightwater Support Services Ltd payroll:

13 - 26 Weeks (incl.) = 10% discount off normal rates

27 - 39 Weeks (incl.) = 20% discount off normal rates

40 - 52 Weeks (incl.) = 30% discount off normal rates

1 year plus = 40% discount off normal rates

Such transfer fees are applicable during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the hourly charges agreed multiplied by 300 times the hourly charge. No refund of the Transfer Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due. However, where the client does not give such notice before the Temporary Worker is Engaged the parties agree that the Transfer Fee shall be due.

Introduction Fees where a Worker is Introduced but not Supplied: In the event that there is an Introduction of a Temporary Worker to the Client which does not result in the supply of that Temporary Worker by the Employment Business to the Client, but which leads to an Engagement of the Temporary Worker by the Client either directly or pursuant to being supplied by another employment business within 12 months from the date of Introduction the Client shall be liable, subject to electing upon giving 7 days notice, to either:

• A period of hire of the Temporary Worker being 21 weeks during which the Client shall pay during which the Client shall pay the current hourly charge agreed for each hour the Temporary Worker is so employed or supplied; or
• An Introduction Fee calculated as a percentage of the annual remuneration as follows:

Salaries up to £17,999 15%

Salaries between £18,000 and £34,999 17.5%

Salaries over £35,000 20%

Applicable during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the client will pay, the hourly charges agreed multiplied by 300 times the hourly charge. No refund of the Introduction Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due. However, where the client does not give such notice before the Temporary Worker is engaged, the parties agree that the Transfer Fee shall be due.

Transfer Fees where there has been an Introduction to and Engagement by a Third Party: In the event that a Temporary Worker supplied to a Client is introduced by the client to a third party which results in the Engagement of the Temporary Worker by the third party during the Assignment or within whichever is the longer of either

• 14 weeks from the start of the first assignment (each new assignment where there has been a break of more than 42 days (6 weeks) since the end of the previous Assignment shall also be considered to be the "first assignment" for these purposes); or
• 8 weeks from the day after the last day the Temporary Worker worked on the Assignment

The client shall be liable to pay a Transfer Fee calculated in accordance with the fee structure outlined in point 4 above.

Introduction Fees where there has been an Introduction but no Supply resulting in an Engagement by a Third Party: In the event that there is an Introduction of a Temporary Worker to the Client which does not result in the supply of that Temporary Worker by the Employment Business to the Client but the Temporary Worker is introduced by the Client to a third party which results in the Engagement of the Temporary Worker by the third party within 12 months from the date of Introduction, the Client shall be liable to pay an Introduction Fee, plus VAT, calculated in accordance with the fee structure outlined in point 4 above.

Responsibility and Liability: The Employment Business shall endeavour to ensure the suitability of any Candidate introduced to the Client and to maintain a high standard of service and integrity, but the Employment Business makes no warranty, express or implied, as to the suitability of any Temporary Worker introduced to the Client.

Brightwater Support Services Ltd can accept no liability whatsoever for any loss, damage, costs or expenses, howsoever caused which the Client may suffer or for which the Client may become liable arising out of, or in connection with as a result of introduction to the Client or engagement by the Client of a Temporary Worker.

Temporary Workers supplied by the Employment Business are deemed to be under the direction and control of the Client from the time they report to take up duties and for the duration of the assignment. The Client agrees to be responsible for all acts, errors and omissions, be they wilful, negligent or otherwise; as though the Temporary Worker were the direct employee of the Client. The Client will in all respects comply with all statutes, bye-laws and legal requirements to which the Client is ordinarily subject in respect of the Client's own staff. The Client undertakes to supervise the Temporary Worker. If the Client reasonably considers the Temporary Worker to be unsatisfactory, a complaint must be made by telephone and confirmed in writing within one day of the finding. Suitable action will then be taken, but in any event the Client waives any right to withhold payment.

Payment Terms: Charges are invoiced weekly and are payable within 7 days. All payments, regardless of currency, must equate to the invoice total at date of payment. In the event of non-payment the Company may, without prejudice to its other rights, withdraw the Employee with one hour's notice. Interest at 10% will be applied after 7 days until payment of the invoice without concession. VAT will be added to all invoices at current rate.

Amendments: All questions relating to these Terms of Business must be made in writing otherwise they are deemed to be accepted. These Terms of Business are valid from September 1st 2006, they supersede any other Terms previously received. No amendments to these Terms are valid unless authorised by a Manager or a Director of the Employment Agency.